Appoink is a service where fans can book an appointment to meet with creators. These Terms of Service apply to all creators, fans, and all users and visitors to Appoink. By using, visiting, or interacting with Appoink via its applications or websites, you agree to these Terms of Service.

Appoink is a worldwide service owned and operated by Nunuworks, Inc. When we refer to Appoink (“we”, “us or “our”) in this policy, we refer only to the Appoink website, applications, and services only, not any other services owned or operated by Nunuworks, Inc. When we refer to our users, we refer to the creators, fans, and visitors of Appoink.

Please read these Terms of Service carefully and let us know if you have any questions by contacting us at [email protected] For information about our data practices, please see our Privacy Policy. We can collect and use your information in accordance with those policies.

Your Account

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 18 years old. To book an appointment with a creator, you must be at least 18 years old or be accompanied by an 18 year old parent or guardian (who must have an Appoink account). You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Abusive Conduct

You are responsible for all activity on your account. If you violate our policies or guidelines, we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses Appoink in a technical way. If you are a creator generating income with Appoink, we are not responsible for what you do with your income. Please read our Privacy Policy as well as our User Guidelines to better learn how to use Appoink appropriately. Our policies cover most issues, but if you find a new way to hurt Appoink or our creators or fans, we reserve the right to take swift action to prevent it.

Being a Creator

Appointments

To become a creator, simply log in to the Appoink app and start building your profile and appointments. When you join Appoink, you become part of the Appoink Creator community. You can use all features that Appoink provides and receive appointment bookings from your fans shortly thereafter. On Appoink, you can provide your fans something exciting, interesting, or new to your loyal fans. Your fans, in return, can show their support by booking and paying for appointments with you.

Payments

As a creator, you set your own prices for your appointments via Appoink and we simply handle your booking page, booking process, calendar integrations, video conferencing integrations and payments processing, with the help of our payment provider. You are solely responsible for payments issues such as fraud, chargebacks, and resolution of payments disputes between you and your fans. Your funds are available for you instantly once our payment provider has deemed you a trustworthy creator (otherwise expect a week or two delay in deposit of funds). The more successful appointment bookings you have with your fans, the more your fans are satisfied, the more you become a trustworthy creator and therefore the faster you receive funds deposited to your bank account. We do not block or hold payments under any circumstances but if you are in violation of any of our policies or guidelines, you may be subject to removal from Appoink altogether. In order to protect creators, we may block fans’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds directly from your bank account.

Fees

As a creator there are two fees associated with your usage on Appoink. The first is the Appoink’s Universal Plan Fees, which are displayed on the Appoink website’s Pricing Page at 19% + $1 dollar (USD). The second is the payment processing fee, which is dependent on the currency selected by your fan when they book and pay for an appointment with you.

For example, when a fan pays you in USD: The payment processing fee will be 2.9% + 30 cents per successful appointment booking by your fan. Please visit the Stripe Pricing page to see how much the payment processing fees are for fans paying you from different countries or with different currencies.

Appoink automatically detects your fan’s location and recommends the most suitable currency for them to pay with. However your fans can choose to pay with any of the 135+ currencies that our Payment Provider allows.

Currencies

Creator's currency is the currency for all appointment types you create via the Appoink app. This is best described as the currency you list your appointment prices in. You can pick any currency you want for the creator's currency.

Appoink will automatically convert your appointment's prices to your fan's local currency when they are paying with their credit or debit cards. Fans may also choose whichever currency they wish to pay with on Appoink. This is called the Presentment Currency.

When a fan makes a payment to creators, creators receive the funds through Appoink's payment provider. When the payment provider deposits a creator's income to their bank account, the funds must be deposited in the creator's bank's local currency. This is called the Settlement Currency.

Payment providers typically charge a 2-3% currency conversion rate when the Settlement Currency doesn't match the Presentment Currency. To help creators alleviate this currency exchange rate fee, Appoink automatically marks up every creator's appointment prices by 5% and rounds up to the nearest whole number whenever it detects that the Presentment Currency doesn't match the creator's Settlement Currency.

Tax

We may collect tax identification information from you via our payment provider. You can choose to not collect taxes directly from your fans and calculate it yourself when you file your taxes according to your local jurisdiction laws. You can also choose to enable automatic tax collection from your fans and the appropriate taxes will be calculated and collected from your fans during the payment checkout process. This is typically shown as an extra tax field and amounts to your fans when they are checking out to pay you for an appointment. To automatically collect taxes from your fans for payments made via Appoink, simply go to your Appoink app's Billing Settings and enable it. We are not responsible for your tax collections, obligations or filings but we can help you collect the appropriate taxes from your fans using our payment provider's automatic tax collecting service.

Our payment provider can help you determine your tax collection-related questions as well. As a general rule, if you enable automatic Tax Collection from your fans, our payment provider will charge you an additional 0.5% of the total appointment's price as a fee for the appropriate tax calculation and collection service. Please note that this amount may be changed by our payment provider at any time. You can learn more about the automatic tax collection feature at Stripe's Tax service page.

Restrictions

We don’t allow certain types of creators or businesses on Appoink. To learn more, please read the User Guidelines of Appoink. Your business must also not be on the Restricted Industries list of business for Stripe (our payment provider).

If your fans include kids under the age of 18, then they need explicit permission from their parents or guardian to use Appoink. We are not required to allow any particular person or group of persons to be your fan. As a creator you are also responsible for keeping your fan’s data safe.

Being a Fan

As a fan, you’re using Appoink to be part of an exciting journey by supporting a creator through booking and paying for appointments. When you pay for an appointment via Appoink, you are directly purchasing a service from a creator or their business, not Appoink. As such, Appoink has limited ability to help fix issues related to payments made via Appoink. Creators’ appointment prices may vary and we have limited control over the quality and specific offerings of their services. We attempt to screen for fraudulent creator pages, but we cannot guarantee the identity of the creators or the validity of any claims they make. We appreciate your help in reporting suspicious creator pages so we can help keep Appoink safe. Your creators may choose to charge you taxes to operate their business via Appoink. This tax is typically calculated based on your billing address and local, state, provincial, and federal tax laws.

Refunds & Disputes

Your creators are solely responsible for any refunds or disputes. Appoink doesn’t directly manage your creator’s payments, so we do not have any power to refund you anything in cases of disputes. All payments made via Appoink are final, regardless of what service a creator provides. However, if a creator cannot fulfill an appointment, they can cancel an appointment before or after an appointment’s scheduled date and time. When a creator chooses to cancel an appointment (before or after the scheduled date and time), you will be fully refunded the whole payment amount of the appointment. Again, please remember that when you are paying for an appointment, you are directly paying and booking for a service from the creator, not Appoink.

Appoink's Role

We proactively look at some creator’s pages and appointments on Appoink to make sure creators follow our guidelines and policies. We also investigate reports of potential violations. These investigations may take a while to resolve. In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Appoink if they fix the related issue.

Terminating accounts is not an action we take lightly and it is done only in the most extreme cases or circumstances. Appoink reserves the right to remove a creator or fan from participating in any activity on Appoink. Removal of a creator or fan from Appoink will prohibit the creator from accepting appointments, and prohibit the fan from booking new appointments, but will not result in the automatic removal of the creator or fan from Appoink, unless there is an independent basis for their removal from Appoink. Please let us know if you see potential violations of our User Guidelines. You can simply click the report button in a creator’s appointment booking page to report a creator or you can contact us directly to report a fan.

As a global company based in Canada, we must comply with economic sanctions and trade restrictions implemented by the Federal Government of Canada. This means that Appoink cannot take part in transactions that involve any citizen or people living in those countries. We apologize for the inconvenience this may cause.

We are constantly testing out new features with the goal of making Appoink better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the feature trial. With your permission, we may give other websites or services the ability to verify information about your Appoink account or perform actions on your behalf. This permission is asked for when you connect your Appoink account to these other websites or services (integrations). You can learn more about this in our Privacy Policy.

Account Deletion

As a creator, you can permanently delete your own account at any time by going to the Appoink app’s Account Settings. Please note that if you choose to delete your account, all of your future appointment bookings will be canceled and fully refunded to your fans. Any fees you incurred from Appoink or Stripe (Our Payment Provider) during appointment bookings will not be refunded back to you when refunding funds to your fans. If your Stripe (Payment Provider) account doesn’t have the full amount (funds) to refund your fan’s full payments, Stripe will withdraw the difference directly from your bank account.

We reserve the right to terminate or suspend your account at any time at our own discretion. We reserve the right to remove any content or appointment-types you may have on Appoink at our own discretion. We reserve the right to cancel or refund your future appointment bookings at our own discretion.

You may not bring a claim against us for suspending or terminating your or another creator’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys' fees and costs. These terms remain in effect even if you no longer have an account on Appoink.

Your Appointments

You keep full ownership of your profile, all appointments, appointment-types and related content in third-party services that you offer via Appoink, but we need licenses from you to operate Appoink effectively. By posting appointments on Appoink you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your appointments. The purpose of this license is strictly limited to allow us to provide and promote you to your fans. You may not post appointment types that infringe others’ intellectual property or proprietary rights. Fans may not use appointments posted by creators in any way not authorized by the creator.

Your Integration With Third-Party Software

You may grant Appoink access to your third-party accounts, such as Google Calendar, Google Meet, and Zoom Video, in order for some Appoink features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Appoink can access. At any time, you can revoke Appoink’s access to those accounts using the third-party integration applications as well as on Appoink app’s Integrations Settings.

Copyright & Trademarks

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are our site, our app, our logo, our icon, and our codebase. We grant you a license to use our logo and icon to promote your Appoink page only. You may use our logo or icon for article publishing and distribution only but you may not edit them in any shape or form before publishing. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please contact us if you have any questions.

Indemnity

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Appoink. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer

Appoink is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Appoink. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Appoink. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute Resolution

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of Appoink, then the dispute will be resolved in a provincial court located in Vancouver, British Columbia, Canada. Both parties consent to the exclusive jurisdiction and venue of the Vancouver courts for the purpose of resolving any such dispute. British Columbia law, excluding its conflict of law provisions, governs these terms, all other Appoink policies, and any dispute that arises between you and Appoink.

Conclusion

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Appoink after a change means you accept the new terms or policies. These terms are an agreement between you and Nunuworks Inc. If you use accessibility tools and have questions or concerns, please contact us at [email protected]